Joshua "Josh" Key is a United States Army deserter, who fled while on leave from the Iraq War, and is a current resident of Canada.
He is the author, with Lawrence Hill, of The Deserter's Tale,[1][2] a book chronicling his service in Iraq and his subsequent departure from military life.
[7] He fled to Toronto, Ontario, Canada on March 8, 2005,[8] and 3 days later made a claim for asylum as a conscientious objector seeking refugee status.
On July 4, 2008, Joshua Key won a Federal Court appeal forcing the IRB to re-examine his claim for refugee status in Canada.
[5][6][9][10] [3] The IRB was ordered to take another look at Key's failed bid for asylum in an unprecedented court ruling that could affect scores of other U.S. soldiers, now in Canada, who have refused to fight in Iraq.
While the earlier board deemed him credible, it declined his claim for refugee status on the grounds he was not required to systematically commit war crimes.
"Officially condoned military misconduct falling well short of a war crime may support a claim to refugee protection," Barnes wrote.
[5][8] Prior to Justice Barnes' ruling, and after turning down several similar asylum claims, the refugee board had consistently held that the United States is a democracy, which affords deserters due judicial process.
Key said in a telephone interview that he is hopeful the Federal Court of Appeal would agree to hear his case, allowing him to stay in Canada.